Carpenters District Council of Jacksonville & Vicinity v. Waybright
Carpenters District Council of Jacksonville & Vicinity v. Waybright
Opinion of the Court
This case is before us pursuant to a mandate of the Supreme Court of the United States,
The suit originally sought to enjoin petitioner union’s alleged breach of a no-strike clause contained in a collective-bargaining agreement, which breach arguably is also an unfair labor practice under the Labor Management Relations Act.
“It is unquestionable that state courts do have jurisdiction to enforce a collective-bargaining agreement and to enjoin a strike in violation of a ‘no-strike’ clause contained therein, but not when the strike is also arguably an unfair la1 bor practice prohibited by federal law.” at 302.
“ . . . When, however, the activity in question also constitutes a breach of a collective-bargaining agreement, the Board’s authority ‘is not exclusive and does not destroy the jurisdiction of the courts in suits under § 301.’ Smith v. Evening News Ass’n, supra, 371 U.S. [195], at 197, 83 S.Ct. [267], at 269 [9 L.Ed.2d 246]. This exception was explicitly reaffirmed in Motor Coach Employees v. Lockridge, 403 U.S. 274, 297-298, 91 S.Ct. 1909, 1923-1924, 29 L.Ed.2d 473 (1971).”
As a result of that opinion, the issue of whether the Circuit Court had jurisdiction to enter the temporary restraining order prohibiting a strike by the Carpenters Union has been resolved.
For this reason the cause is remanded to the District Court of Appeal for further proceedings consistent herewith.
It is so ordered.
. Styled: William E. Arnold Co. v. Carpenters District Council of Jacksonville and vicinity et al., 417 U.S. 12, 94 S.Ct. 2069, 40 L.Ed.2d 620.
. 279 So.2d 300 (1973).
. 29 U.S.C. § 185.
Reference
- Full Case Name
- CARPENTERS DISTRICT COUNCIL OF JACKSONVILLE AND VICINITY, a labor organization, and as an unincorporated association, By and Through John H. Sea, business representative thereof and Carpenters Local Union No. 627, a labor organization, and as an unincorporated association, By and Through Earl S. Huff, assistant business representative thereof v. The Honorable Roger J. WAYBRIGHT, as Circuit Judge of the Fourth Judicial Circuit, in and for Duval County, Florida
- Status
- Published